Q: 15 year old wants to choose
My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to the kids. I spoke to my ex several times about my concerns and he said he would handle it. After our son came home for a third time and said he was beat up by her son, I called my ex and we, together agreed that it would be in the best interest of the kids to not stay with him on weekends, but he could instead get them anytime he wanted. For 2 years, he only saw them 4 times. The last 6 months, he has gotten them more. Now my youngest, who is 15, wants to stay with his dad because there is rules here and his dad lets him do whatever he wanta when he is there. His dad does not pay bills, has no furniture and has 3 kids he is raising now with him. What do I need to do to keep him from living t
A: You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help your case but I wouldn't count on that being your ace in the hole. A local family law attorney will have a much better idea as to how your court may be likely to treat this sort of situation. By the way, although the court is likely to listen to your son's wishes, he is not the one who makes the decision - the court will. He doesn't get free rein to choose until he's 18.
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